Sen. Jacqueline Y. Collins

Filed: 4/15/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 3007 by replacing
3everything after the enacting clause with the following:
4    "Section 1. This Act may be referred to as the Survivor
5Support and Trafficking Prevention Act.
6    Section 5. The Illinois Public Aid Code is amended by
7changing Sections 1-11 and 5-2 and by adding Section 2-19 and
8Article XVI as follows:
9    (305 ILCS 5/1-11)
10    Sec. 1-11. Citizenship. To the extent not otherwise
11provided in this Code or federal law, all clients who receive
12cash or medical assistance under Article III, IV, V, or VI of
13this Code must meet the citizenship requirements as established
14in this Section. To be eligible for assistance an individual,
15who is otherwise eligible, must be either a United States



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1citizen or included in one of the following categories of
3        (1) United States veterans honorably discharged and
4    persons on active military duty, and the spouse and
5    unmarried dependent children of these persons;
6        (2) Refugees under Section 207 of the Immigration and
7    Nationality Act;
8        (3) Asylees under Section 208 of the Immigration and
9    Nationality Act;
10        (4) Persons for whom deportation has been withheld
11    under Section 243(h) of the Immigration and Nationality
12    Act;
13        (5) Persons granted conditional entry under Section
14    203(a)(7) of the Immigration and Nationality Act as in
15    effect prior to April 1, 1980;
16        (6) Persons lawfully admitted for permanent residence
17    under the Immigration and Nationality Act;
18        (7) Parolees, for at least one year, under Section
19    212(d)(5) of the Immigration and Nationality Act;
20        (8) Nationals of Cuba or Haiti admitted on or after
21    April 21, 1980;
22        (9) Amerasians from Vietnam, and their close family
23    members, admitted through the Orderly Departure Program
24    beginning on March 20, 1988;
25        (10) Persons identified by the federal Office of
26    Refugee Resettlement (ORR) as victims of trafficking;



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1        (11) Persons legally residing in the United States who
2    were members of a Hmong or Highland Laotian tribe when the
3    tribe helped United States personnel by taking part in a
4    military or rescue operation during the Vietnam era
5    (between August 5, 1965 and May 7, 1975); this also
6    includes the person's spouse, a widow or widower who has
7    not remarried, and unmarried dependent children;
8        (12) American Indians born in Canada under Section 289
9    of the Immigration and Nationality Act and members of an
10    Indian tribe as defined in Section 4e of the Indian
11    Self-Determination and Education Assistance Act; and
12        (13) Persons who are a spouse, widow, or child of a
13    U.S. citizen or a spouse or child of a legal permanent
14    resident (LPR) who have been battered or subjected to
15    extreme cruelty by the U.S. citizen or LPR or a member of
16    that relative's family who lived with them, who no longer
17    live with the abuser or plan to live separately within one
18    month of receipt of assistance and whose need for
19    assistance is due, at least in part, to the abuse; and .
20        (14) Persons who are foreign-born victims of
21    trafficking, torture, or other serious crimes as defined in
22    Section 2-19 of this Code.
23    Those persons who are in the categories set forth in
24subdivisions 6 and 7 of this Section, who enter the United
25States on or after August 22, 1996, shall not be eligible for 5
26years beginning on the date the person entered the United



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2    The Illinois Department may, by rule, cover prenatal care
3or emergency medical care for non-citizens who are not
4otherwise eligible under this Section. Local governmental
5units which do not receive State funds may impose their own
6citizenship requirements and are authorized to provide any
7benefits and impose any citizenship requirements as are allowed
8under the Personal Responsibility and Work Opportunity
9Reconciliation Act of 1996 (P.L. 104-193).
10(Source: P.A. 93-342, eff. 7-24-03.)
11    (305 ILCS 5/2-19 new)
12    Sec. 2-19. Foreign-born victims of trafficking, torture,
13or other serious crimes. "Foreign-born victim of trafficking,
14torture, or other serious crimes" means a person who is:
15        (1) a non-citizen victim of a severe form of
16    trafficking in persons who has been subjected to an act or
17    practice described in Section 7102 of Title 22 of the
18    United States Code or Section 10-9 of the Criminal Code of
19    2012;
20        (2) a non-citizen victim of an act or practice
21    described in Section 1101(a)(15)(U)(iii) of Title 8 of the
22    United States Code; or
23        (3) a non-citizen who has a well-founded fear of
24    persecution on account of race, religion, nationality,
25    membership in a particular social group, or political



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1    opinion as set forth in Section 1101(a)(42)(A) of Title 8
2    of the United States Code.
3    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
4    Sec. 5-2. Classes of Persons Eligible.
5    Medical assistance under this Article shall be available to
6any of the following classes of persons in respect to whom a
7plan for coverage has been submitted to the Governor by the
8Illinois Department and approved by him. If changes made in
9this Section 5-2 require federal approval, they shall not take
10effect until such approval has been received:
11        1. Recipients of basic maintenance grants under
12    Articles III and IV.
13        2. Beginning January 1, 2014, persons otherwise
14    eligible for basic maintenance under Article III,
15    excluding any eligibility requirements that are
16    inconsistent with any federal law or federal regulation, as
17    interpreted by the U.S. Department of Health and Human
18    Services, but who fail to qualify thereunder on the basis
19    of need, and who have insufficient income and resources to
20    meet the costs of necessary medical care, including but not
21    limited to the following:
22            (a) All persons otherwise eligible for basic
23        maintenance under Article III but who fail to qualify
24        under that Article on the basis of need and who meet
25        either of the following requirements:



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1                (i) their income, as determined by the
2            Illinois Department in accordance with any federal
3            requirements, is equal to or less than 100% of the
4            federal poverty level; or
5                (ii) their income, after the deduction of
6            costs incurred for medical care and for other types
7            of remedial care, is equal to or less than 100% of
8            the federal poverty level.
9            (b) (Blank).
10        3. (Blank).
11        4. Persons not eligible under any of the preceding
12    paragraphs who fall sick, are injured, or die, not having
13    sufficient money, property or other resources to meet the
14    costs of necessary medical care or funeral and burial
15    expenses.
16        5.(a) Women during pregnancy and during the 60-day
17    period beginning on the last day of the pregnancy, together
18    with their infants, whose income is at or below 200% of the
19    federal poverty level. Until September 30, 2019, or sooner
20    if the maintenance of effort requirements under the Patient
21    Protection and Affordable Care Act are eliminated or may be
22    waived before then, women during pregnancy and during the
23    60-day period beginning on the last day of the pregnancy,
24    whose countable monthly income, after the deduction of
25    costs incurred for medical care and for other types of
26    remedial care as specified in administrative rule, is equal



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1    to or less than the Medical Assistance-No Grant(C)
2    (MANG(C)) Income Standard in effect on April 1, 2013 as set
3    forth in administrative rule.
4        (b) The plan for coverage shall provide ambulatory
5    prenatal care to pregnant women during a presumptive
6    eligibility period and establish an income eligibility
7    standard that is equal to 200% of the federal poverty
8    level, provided that costs incurred for medical care are
9    not taken into account in determining such income
10    eligibility.
11        (c) The Illinois Department may conduct a
12    demonstration in at least one county that will provide
13    medical assistance to pregnant women, together with their
14    infants and children up to one year of age, where the
15    income eligibility standard is set up to 185% of the
16    nonfarm income official poverty line, as defined by the
17    federal Office of Management and Budget. The Illinois
18    Department shall seek and obtain necessary authorization
19    provided under federal law to implement such a
20    demonstration. Such demonstration may establish resource
21    standards that are not more restrictive than those
22    established under Article IV of this Code.
23        6. (a) Children younger than age 19 when countable
24    income is at or below 133% of the federal poverty level.
25    Until September 30, 2019, or sooner if the maintenance of
26    effort requirements under the Patient Protection and



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1    Affordable Care Act are eliminated or may be waived before
2    then, children younger than age 19 whose countable monthly
3    income, after the deduction of costs incurred for medical
4    care and for other types of remedial care as specified in
5    administrative rule, is equal to or less than the Medical
6    Assistance-No Grant(C) (MANG(C)) Income Standard in effect
7    on April 1, 2013 as set forth in administrative rule.
8        (b) Children and youth who are under temporary custody
9    or guardianship of the Department of Children and Family
10    Services or who receive financial assistance in support of
11    an adoption or guardianship placement from the Department
12    of Children and Family Services.
13        7. (Blank).
14        8. As required under federal law, persons who are
15    eligible for Transitional Medical Assistance as a result of
16    an increase in earnings or child or spousal support
17    received. The plan for coverage for this class of persons
18    shall:
19            (a) extend the medical assistance coverage to the
20        extent required by federal law; and
21            (b) offer persons who have initially received 6
22        months of the coverage provided in paragraph (a) above,
23        the option of receiving an additional 6 months of
24        coverage, subject to the following:
25                (i) such coverage shall be pursuant to
26            provisions of the federal Social Security Act;



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1                (ii) such coverage shall include all services
2            covered under Illinois' State Medicaid Plan;
3                (iii) no premium shall be charged for such
4            coverage; and
5                (iv) such coverage shall be suspended in the
6            event of a person's failure without good cause to
7            file in a timely fashion reports required for this
8            coverage under the Social Security Act and
9            coverage shall be reinstated upon the filing of
10            such reports if the person remains otherwise
11            eligible.
12        9. Persons with acquired immunodeficiency syndrome
13    (AIDS) or with AIDS-related conditions with respect to whom
14    there has been a determination that but for home or
15    community-based services such individuals would require
16    the level of care provided in an inpatient hospital,
17    skilled nursing facility or intermediate care facility the
18    cost of which is reimbursed under this Article. Assistance
19    shall be provided to such persons to the maximum extent
20    permitted under Title XIX of the Federal Social Security
21    Act.
22        10. Participants in the long-term care insurance
23    partnership program established under the Illinois
24    Long-Term Care Partnership Program Act who meet the
25    qualifications for protection of resources described in
26    Section 15 of that Act.



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1        11. Persons with disabilities who are employed and
2    eligible for Medicaid, pursuant to Section
3    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
4    subject to federal approval, persons with a medically
5    improved disability who are employed and eligible for
6    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
7    the Social Security Act, as provided by the Illinois
8    Department by rule. In establishing eligibility standards
9    under this paragraph 11, the Department shall, subject to
10    federal approval:
11            (a) set the income eligibility standard at not
12        lower than 350% of the federal poverty level;
13            (b) exempt retirement accounts that the person
14        cannot access without penalty before the age of 59 1/2,
15        and medical savings accounts established pursuant to
16        26 U.S.C. 220;
17            (c) allow non-exempt assets up to $25,000 as to
18        those assets accumulated during periods of eligibility
19        under this paragraph 11; and
20            (d) continue to apply subparagraphs (b) and (c) in
21        determining the eligibility of the person under this
22        Article even if the person loses eligibility under this
23        paragraph 11.
24        12. Subject to federal approval, persons who are
25    eligible for medical assistance coverage under applicable
26    provisions of the federal Social Security Act and the



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1    federal Breast and Cervical Cancer Prevention and
2    Treatment Act of 2000. Those eligible persons are defined
3    to include, but not be limited to, the following persons:
4            (1) persons who have been screened for breast or
5        cervical cancer under the U.S. Centers for Disease
6        Control and Prevention Breast and Cervical Cancer
7        Program established under Title XV of the federal
8        Public Health Services Act in accordance with the
9        requirements of Section 1504 of that Act as
10        administered by the Illinois Department of Public
11        Health; and
12            (2) persons whose screenings under the above
13        program were funded in whole or in part by funds
14        appropriated to the Illinois Department of Public
15        Health for breast or cervical cancer screening.
16        "Medical assistance" under this paragraph 12 shall be
17    identical to the benefits provided under the State's
18    approved plan under Title XIX of the Social Security Act.
19    The Department must request federal approval of the
20    coverage under this paragraph 12 within 30 days after the
21    effective date of this amendatory Act of the 92nd General
22    Assembly.
23        In addition to the persons who are eligible for medical
24    assistance pursuant to subparagraphs (1) and (2) of this
25    paragraph 12, and to be paid from funds appropriated to the
26    Department for its medical programs, any uninsured person



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1    as defined by the Department in rules residing in Illinois
2    who is younger than 65 years of age, who has been screened
3    for breast and cervical cancer in accordance with standards
4    and procedures adopted by the Department of Public Health
5    for screening, and who is referred to the Department by the
6    Department of Public Health as being in need of treatment
7    for breast or cervical cancer is eligible for medical
8    assistance benefits that are consistent with the benefits
9    provided to those persons described in subparagraphs (1)
10    and (2). Medical assistance coverage for the persons who
11    are eligible under the preceding sentence is not dependent
12    on federal approval, but federal moneys may be used to pay
13    for services provided under that coverage upon federal
14    approval.
15        13. Subject to appropriation and to federal approval,
16    persons living with HIV/AIDS who are not otherwise eligible
17    under this Article and who qualify for services covered
18    under Section 5-5.04 as provided by the Illinois Department
19    by rule.
20        14. Subject to the availability of funds for this
21    purpose, the Department may provide coverage under this
22    Article to persons who reside in Illinois who are not
23    eligible under any of the preceding paragraphs and who meet
24    the income guidelines of paragraph 2(a) of this Section and
25    (i) have an application for asylum pending before the
26    federal Department of Homeland Security or on appeal before



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1    a court of competent jurisdiction and are represented
2    either by counsel or by an advocate accredited by the
3    federal Department of Homeland Security and employed by a
4    not-for-profit organization in regard to that application
5    or appeal, or (ii) are receiving services through a
6    federally funded torture treatment center. Medical
7    coverage under this paragraph 14 may be provided for up to
8    24 continuous months from the initial eligibility date so
9    long as an individual continues to satisfy the criteria of
10    this paragraph 14. If an individual has an appeal pending
11    regarding an application for asylum before the Department
12    of Homeland Security, eligibility under this paragraph 14
13    may be extended until a final decision is rendered on the
14    appeal. The Department may adopt rules governing the
15    implementation of this paragraph 14.
16        15. Family Care Eligibility.
17            (a) On and after July 1, 2012, a parent or other
18        caretaker relative who is 19 years of age or older when
19        countable income is at or below 133% of the federal
20        poverty level. A person may not spend down to become
21        eligible under this paragraph 15.
22            (b) Eligibility shall be reviewed annually.
23            (c) (Blank).
24            (d) (Blank).
25            (e) (Blank).
26            (f) (Blank).



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1            (g) (Blank).
2            (h) (Blank).
3            (i) Following termination of an individual's
4        coverage under this paragraph 15, the individual must
5        be determined eligible before the person can be
6        re-enrolled.
7        16. Subject to appropriation, uninsured persons who
8    are not otherwise eligible under this Section who have been
9    certified and referred by the Department of Public Health
10    as having been screened and found to need diagnostic
11    evaluation or treatment, or both diagnostic evaluation and
12    treatment, for prostate or testicular cancer. For the
13    purposes of this paragraph 16, uninsured persons are those
14    who do not have creditable coverage, as defined under the
15    Health Insurance Portability and Accountability Act, or
16    have otherwise exhausted any insurance benefits they may
17    have had, for prostate or testicular cancer diagnostic
18    evaluation or treatment, or both diagnostic evaluation and
19    treatment. To be eligible, a person must furnish a Social
20    Security number. A person's assets are exempt from
21    consideration in determining eligibility under this
22    paragraph 16. Such persons shall be eligible for medical
23    assistance under this paragraph 16 for so long as they need
24    treatment for the cancer. A person shall be considered to
25    need treatment if, in the opinion of the person's treating
26    physician, the person requires therapy directed toward



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1    cure or palliation of prostate or testicular cancer,
2    including recurrent metastatic cancer that is a known or
3    presumed complication of prostate or testicular cancer and
4    complications resulting from the treatment modalities
5    themselves. Persons who require only routine monitoring
6    services are not considered to need treatment. "Medical
7    assistance" under this paragraph 16 shall be identical to
8    the benefits provided under the State's approved plan under
9    Title XIX of the Social Security Act. Notwithstanding any
10    other provision of law, the Department (i) does not have a
11    claim against the estate of a deceased recipient of
12    services under this paragraph 16 and (ii) does not have a
13    lien against any homestead property or other legal or
14    equitable real property interest owned by a recipient of
15    services under this paragraph 16.
16        17. Persons who, pursuant to a waiver approved by the
17    Secretary of the U.S. Department of Health and Human
18    Services, are eligible for medical assistance under Title
19    XIX or XXI of the federal Social Security Act.
20    Notwithstanding any other provision of this Code and
21    consistent with the terms of the approved waiver, the
22    Illinois Department, may by rule:
23            (a) Limit the geographic areas in which the waiver
24        program operates.
25            (b) Determine the scope, quantity, duration, and
26        quality, and the rate and method of reimbursement, of



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1        the medical services to be provided, which may differ
2        from those for other classes of persons eligible for
3        assistance under this Article.
4            (c) Restrict the persons' freedom in choice of
5        providers.
6        18. Beginning January 1, 2014, persons aged 19 or
7    older, but younger than 65, who are not otherwise eligible
8    for medical assistance under this Section 5-2, who qualify
9    for medical assistance pursuant to 42 U.S.C.
10    1396a(a)(10)(A)(i)(VIII) and applicable federal
11    regulations, and who have income at or below 133% of the
12    federal poverty level plus 5% for the applicable family
13    size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
14    applicable federal regulations. Persons eligible for
15    medical assistance under this paragraph 18 shall receive
16    coverage for the Health Benefits Service Package as that
17    term is defined in subsection (m) of Section 5-1.1 of this
18    Code. If Illinois' federal medical assistance percentage
19    (FMAP) is reduced below 90% for persons eligible for
20    medical assistance under this paragraph 18, eligibility
21    under this paragraph 18 shall cease no later than the end
22    of the third month following the month in which the
23    reduction in FMAP takes effect.
24        19. Beginning January 1, 2014, as required under 42
25    U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
26    and younger than age 26 who are not otherwise eligible for



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1    medical assistance under paragraphs (1) through (17) of
2    this Section who (i) were in foster care under the
3    responsibility of the State on the date of attaining age 18
4    or on the date of attaining age 21 when a court has
5    continued wardship for good cause as provided in Section
6    2-31 of the Juvenile Court Act of 1987 and (ii) received
7    medical assistance under the Illinois Title XIX State Plan
8    or waiver of such plan while in foster care.
9        20. Beginning January 1, 2018, persons who are
10    foreign-born victims of human trafficking, torture, or
11    other serious crimes as defined in Section 2-19 of this
12    Code and their derivative family members if such persons:
13    (i) reside in Illinois; (ii) are not eligible under any of
14    the preceding paragraphs; (iii) meet the income guidelines
15    of subparagraph (a) of paragraph 2; and (iv) meet the
16    nonfinancial eligibility requirements of Sections 16-2,
17    16-3,and 16-5 of this Code. The Department may extend
18    medical assistance for persons who are foreign-born
19    victims of human trafficking, torture, or other serious
20    crimes whose medical assistance would be terminated
21    pursuant to subsection (b) of Section 16-5 if the
22    Department determines that the person, during the year of
23    initial eligibility (1) experienced a health crisis, (2)
24    has been unable, after reasonable attempts, to obtain
25    necessary information from a third party, or (3) has other
26    extenuating circumstances that prevented the person from



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1    completing his or her application for status. The
2    Department may adopt any rules necessary to implement the
3    provisions of this paragraph.
4    In implementing the provisions of Public Act 96-20, the
5Department is authorized to adopt only those rules necessary,
6including emergency rules. Nothing in Public Act 96-20 permits
7the Department to adopt rules or issue a decision that expands
8eligibility for the FamilyCare Program to a person whose income
9exceeds 185% of the Federal Poverty Level as determined from
10time to time by the U.S. Department of Health and Human
11Services, unless the Department is provided with express
12statutory authority.
13    The eligibility of any such person for medical assistance
14under this Article is not affected by the payment of any grant
15under the Senior Citizens and Persons with Disabilities
16Property Tax Relief Act or any distributions or items of income
17described under subparagraph (X) of paragraph (2) of subsection
18(a) of Section 203 of the Illinois Income Tax Act.
19    The Department shall by rule establish the amounts of
20assets to be disregarded in determining eligibility for medical
21assistance, which shall at a minimum equal the amounts to be
22disregarded under the Federal Supplemental Security Income
23Program. The amount of assets of a single person to be
24disregarded shall not be less than $2,000, and the amount of
25assets of a married couple to be disregarded shall not be less
26than $3,000.



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1    To the extent permitted under federal law, any person found
2guilty of a second violation of Article VIIIA shall be
3ineligible for medical assistance under this Article, as
4provided in Section 8A-8.
5    The eligibility of any person for medical assistance under
6this Article shall not be affected by the receipt by the person
7of donations or benefits from fundraisers held for the person
8in cases of serious illness, as long as neither the person nor
9members of the person's family have actual control over the
10donations or benefits or the disbursement of the donations or
12    Notwithstanding any other provision of this Code, if the
13United States Supreme Court holds Title II, Subtitle A, Section
142001(a) of Public Law 111-148 to be unconstitutional, or if a
15holding of Public Law 111-148 makes Medicaid eligibility
16allowed under Section 2001(a) inoperable, the State or a unit
17of local government shall be prohibited from enrolling
18individuals in the Medical Assistance Program as the result of
19federal approval of a State Medicaid waiver on or after the
20effective date of this amendatory Act of the 97th General
21Assembly, and any individuals enrolled in the Medical
22Assistance Program pursuant to eligibility permitted as a
23result of such a State Medicaid waiver shall become immediately
25    Notwithstanding any other provision of this Code, if an Act
26of Congress that becomes a Public Law eliminates Section



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12001(a) of Public Law 111-148, the State or a unit of local
2government shall be prohibited from enrolling individuals in
3the Medical Assistance Program as the result of federal
4approval of a State Medicaid waiver on or after the effective
5date of this amendatory Act of the 97th General Assembly, and
6any individuals enrolled in the Medical Assistance Program
7pursuant to eligibility permitted as a result of such a State
8Medicaid waiver shall become immediately ineligible.
9    Effective October 1, 2013, the determination of
10eligibility of persons who qualify under paragraphs 5, 6, 8,
1115, 17, and 18 of this Section shall comply with the
12requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
14    The Department of Healthcare and Family Services, the
15Department of Human Services, and the Illinois health insurance
16marketplace shall work cooperatively to assist persons who
17would otherwise lose health benefits as a result of changes
18made under this amendatory Act of the 98th General Assembly to
19transition to other health insurance coverage.
20(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
2199-143, eff. 7-27-15.)
22    (305 ILCS 5/Art. XVI heading new)

24    (305 ILCS 5/16-1 new)



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1    Sec. 16-1. Benefits for foreign-born victims of
2trafficking, torture, or other serious crimes. In order to
3protect persons who are foreign-born victims of trafficking,
4torture, or other serious crimes and to reduce the risk of
5further harm, exploitation, and re-trafficking, beginning
6January 1, 2018, cash assistance provided under the Temporary
7Assistance for Needy Families program established under
8Article IV of this Code and benefits provided under the federal
9Supplemental Nutrition Assistance Program (SNAP) shall be
10provided to such persons and their derivative family members to
11the same extent cash assistance and SNAP benefits are provided
12to individuals who are admitted to the United States as
13refugees under Section 1157 of Title 8 of the United States
14Code. To the extent that federal funding is not available, any
15cash assistance or SNAP benefits provided under this Article
16shall be paid from State funds. If changes made in this Section
17require federal approval, they shall not take effect until such
18approval has been received.
19    (305 ILCS 5/16-2 new)
20    Sec. 16-2. Eligibility. A foreign-born victim of
21trafficking, torture, or other serious crimes and his or her
22derivative family members are eligible for cash assistance or
23SNAP benefits under this Article if:
24        (a) he or she:
25            (1) has filed or is preparing to file an



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1        application for T Nonimmigrant status with the
2        appropriate federal agency pursuant to Section
3        1101(a)(15)(T) of Title 8 of the United States Code, or
4        is otherwise taking steps to meet the conditions for
5        federal benefits eligibility under Section 7105 of
6        Title 22 of the United States Code;
7            (2) has filed or is preparing to file a formal
8        application with the appropriate federal agency for
9        status pursuant to Section 1101(a)(15)(U) of Title 8 of
10        the United States Code; or
11            (3) has filed or is preparing to file a formal
12        application with the appropriate federal agency for
13        status under Section 1158 of Title 8 of the United
14        States Code; and
15    (b) is otherwise eligible for cash assistance or SNAP
16benefits, as applicable.
17    (305 ILCS 5/16-3 new)
18    Sec. 16-3. Determination of eligibility.
19    (a) The Department shall determine that an applicant for
20cash assistance or SNAP benefits provided under this Article is
21eligible for such benefits if the applicant meets the income
22guidelines and is otherwise eligible and either:
23        (1) the applicant has filed:
24            (A) an application for T Nonimmigrant status with
25        the appropriate federal agency pursuant to Section



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1        1101(a)(15)(T) of Title 8 of the United States Code, or
2        is otherwise taking steps to meet the conditions for
3        federal benefits eligibility under Section 7105 of
4        Title 22 of the United States Code;
5            (B) a formal application with the appropriate
6        federal agency for status pursuant to Section
7        1101(a)(15)(U) of Title 8 of the United States Code; or
8            (C) a formal application with the appropriate
9        federal agency for status under Section 1158 of Title 8
10        of the United States Code; or
11        (2) the applicant, or a representative of the applicant
12    if the applicant is not competent, has provided to the
13    Department:
14            (A) a sworn statement that he or she is a
15        foreign-born victim of trafficking, torture, or other
16        serious crimes; and
17            (B) at least one item of additional credible
18        evidence, including, but not limited to, any of the
19        following:
20                (i) police, government agency, or court
21            records or files;
22                (ii) news articles;
23                (iii) documentation from a social services,
24            trafficking, domestic violence program or rape
25            crisis center, or a legal, clinical, medical, or
26            other professional from whom the applicant or



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1            recipient has sought assistance in dealing with
2            the crime;
3                (iv) a statement from any other individual
4            with knowledge of the circumstances that provided
5            the basis for the claim;
6                (v) physical evidence;
7                (vi) a copy of a completed visa application; or
8                (vii) written notice from the federal agency
9            of receipt of the visa application.
10    (b) The Department may, in its discretion, provide cash
11assistance or SNAP benefits pursuant to this Article to an
12applicant who cannot provide additional evidence as set forth
13in subparagraph (B) of paragraph (2) of subsection (a) if:
14        (1) the applicant, or a representative of the applicant
15    if the applicant is not competent, has provided a sworn
16    statement that he or she is a foreign-born victim of
17    trafficking, torture, or other serious crimes; and
18        (2) the Department determines that the applicant is
19    credible.
20    (305 ILCS 5/16-4 new)
21    Sec. 16-4. Work requirements and exemptions.
22    (a) Persons who are foreign-born victims of trafficking,
23torture, or other serious crimes and who are receiving cash
24assistance or SNAP benefits under this Article shall be subject
25to the same work requirements and work requirement exemptions



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1as other recipients of cash assistance or SNAP benefits,
2provided that compliance with these requirements is authorized
3by law.
4    (b) A person who is a foreign-born victim of trafficking,
5torture, or other serious crimes shall be exempted from any
6work requirements if physical or psychological trauma related
7to or arising from the trafficking, torture, or other serious
8crimes impedes his or her ability to comply.
9    (305 ILCS 5/16-5 new)
10    Sec. 16-5. Termination of benefits.
11    (a) Any cash assistance or SNAP benefits provided under
12this Article to a person who is a foreign-born victim of
13trafficking, torture, or other serious crimes and his or her
14derivative family members shall be terminated if there is a
15final denial of that person's visa or asylum application under
16Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of
17the United States Code.
18    (b) A person who is a foreign-born victim of trafficking,
19torture, or other serious crimes and his or her derivative
20family members shall be ineligible for continued State-funded
21cash assistance or SNAP benefits provided under this Article if
22that person has not filed a formal application for status
23pursuant to Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158
24of Title 8 of the United States Code within one year after the
25date of his or her application for cash assistance or SNAP



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1benefits provided under this Article. The Department of Human
2Services may extend the person's and his or her derivative
3family members' eligibility for medical assistance, cash
4assistance, or SNAP benefits beyond one-year if the Department
5determines that the person, during the year of initial
6eligibility (i) experienced a health crisis, (ii) has been
7unable, after reasonable attempts, to obtain necessary
8information from a third party, or (iii) has other extenuating
9circumstances that prevented the person from completing his or
10her application for status.
11    (305 ILCS 5/16-6 new)
12    Sec. 16-6. Rulemaking authority. The Department of Human
13Services shall adopt any rules necessary to implement the
14provisions of this Article on or before January 1, 2018.
15    (305 ILCS 5/16-7 new)
16    Sec. 16-7. Program termination. The provisions of this
17Article are inoperative on and after June 30, 2019.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".